Bill Text: MI HB4965 | 2015-2016 | 98th Legislature | Engrossed


Bill Title: Corrections; other; family advisory board; establish. Amends 1953 PA 232 (MCL 791.201 - 791.285) by adding sec. 14a.

Spectrum: Moderate Partisan Bill (Democrat 21-5)

Status: (Introduced - Dead) 2016-05-03 - Referred To Committee On Judiciary [HB4965 Detail]

Download: Michigan-2015-HB4965-Engrossed.html

HB-4965, As Passed House, April 28, 2016

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4965

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1953 PA 232, entitled

 

"Corrections code of 1953,"

 

(MCL 791.201 to 791.285) by adding section 14a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 14a. (1) The family advisory board is created within the

 

department. The board shall consist of not fewer than 10 and not

 

more than 15 members, including the following:

 

     (a) One individual appointed by the governor who is an

 

employee of the department from the community corrections division.

 

     (b) The legislative corrections ombudsman.

 

     (2) The board shall also include the following members

 

appointed by the governor based upon the recommendations submitted

 

to the governor by nonprofit entities serving individuals with

 

family members who are incarcerated:

 


     (a) Not fewer than 2 or more than 3 individuals who are family

 

members of individuals currently incarcerated in Michigan.

 

     (b) Not fewer than 1 or more than 3 individuals who are family

 

members of individuals who were formerly incarcerated in Michigan.

 

     (c) Not fewer than 1 individual who has a parent formerly or

 

currently incarcerated in Michigan.

 

     (d) Not fewer than 1 or more than 2 individuals who were

 

formerly incarcerated in Michigan.

 

     (e) One individual who is a social worker who has training and

 

expertise dealing with mental health and issues associated with

 

mental health.

 

     (f) One individual who is an advocate for or mentor to

 

individuals incarcerated in Michigan.

 

     (g) Not fewer than 1 or more than 2 individuals representing

 

the State Bar of Michigan who have experience working with formerly

 

or currently incarcerated individuals and their family members.

 

     (3) Except for the members described in subsection (1),

 

members of the board shall serve for a term of 2 years, except that

 

of the members first appointed, 5 shall serve 1-year terms with the

 

remaining members serving 2-year terms.

 

     (4) The members described in subsection (1) shall serve for

 

terms without expiration, except that a member described in

 

subsection (1)(a) shall only serve as a member of the board so long

 

as he or she is a department employee. A vacancy created as a

 

result of a member described in subsection (1)(a) no longer being

 

employed by the department shall be filled in the same manner as

 

the original appointment.


     (5) A vacancy on the board shall be filled in the same manner

 

as the original appointment. A member appointed to fill a vacancy

 

occurring other than by expiration of a term shall be appointed for

 

the remainder of the unexpired term.

 

     (6) The first meeting of the board shall be called not more

 

than 90 days after the effective date of the amendatory act that

 

added this section. At the first meeting, the board shall elect

 

from among its members a chairperson and other officers as it

 

considers necessary or appropriate, who shall serve 1-year terms

 

and who may be reelected. After the first meeting, the board shall

 

meet at least quarterly, or more frequently at the call of the

 

chairperson, or if requested by a majority of the members then

 

serving.

 

     (7) A majority of the members of the board constitute a quorum

 

for the transaction of business at a meeting of the board. A

 

majority of the members present and serving are required for the

 

official action of the board.

 

     (8) The business that the board may perform shall be conducted

 

at a public meeting of the board held in compliance with the open

 

meetings act, 1976 PA 267, MCL 15.261 to 15.275.

 

     (9) A writing prepared, owned, used, in the possession of, or

 

retained by the board in the performance of an official function is

 

subject to the freedom of information act, 1976 PA 442, MCL 15.231

 

to 15.246.

 

     (10) Members of the board shall serve without compensation.

 

However, members of the board may be reimbursed for their actual

 

and necessary expenses incurred in the performance of their


official duties as members of the board.

 

     (11) The board shall do all of the following:

 

     (a) Assist and advise the department regarding the development

 

of policies and procedures that support family reunification during

 

and after incarceration.

 

     (b) Assist and advise the department regarding the development

 

of programs that support family reunification during and after

 

incarceration.

 

     (c) Enhance communication between the department and families

 

regarding issues that impact a broad range of incarcerated and

 

formerly incarcerated individuals and their families, including,

 

but not limited to, gathering information from individuals in the

 

region and across the state with family members who are or have

 

been incarcerated, including a review of comment cards submitted at

 

individual correctional facilities.

 

     (d) Identify barriers concerning family reunification during

 

and after incarceration.

 

     (e) File an annual report with the chairs of the committees of

 

the senate and house of representatives concerned with the

 

department and criminal justice issues regarding its activities

 

under this section. The report shall be filed not later than

 

October 1 of each year.

 

     (12) The department shall provide any staffing necessary for

 

the board to fulfill its duties under this section.

 

     (13) The board may, in its discretion, create regional

 

committees or facility-focused family councils to carry out its

 

duties.


House Bill No. 4965 as amended April 26, 2016

     (14) The department shall provide information about the board

 

on its website and in the waiting rooms of correctional facilities,

 

including the board's contact information for obtaining information

 

and assistance with family-related issues.

 

     Enacting section 1. This amendatory act takes effect [October 1,

 

2018.                               ]       

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